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2025 DAILYLAW 19669 (GAU)

RABUL SAIKIA v. THE STATE OF ASSAM AND 2 ORS

WP(C)/5303/2024 · 2025-03-06

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010213912024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5303/2024 RABUL SAIKIA S/O- LATE DAMUDAR SAIKIA, R/O- RAJLAKHI BYE LANE, SEWALI PATH, P.O. AND P.S. HATIGAON, DISTRICT- KAMRUP (M), ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, HANDLOOM, TEXTILES AND SERICULTURE DEPARTMENT, DISPUR, GUWAHATI- 781006 2:THE SECRETARY TO THE GOVT. OF ASSAM HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT DISPUR GUWAHATI- 781006 3:THE DIRECTOR HANDLOOM AND TEXTILES ASSAM OFFICE OF THE DIRECTORATE HANDLOOM AND TEXTILES AMBARI GUWAHATI- 78100 Advocate for the Petitioner : MR S BORTHAKUR, MS. P BORAH Advocate for the Respondent : SC, HANDLOOM, TEXTILE AND SERICULTURE, MR. R DHAR Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 07.03.2025 Heard Ms. P. Borah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Standing Counsel appears for the Handloom, Textile & Sericulture Department and Mr. B. Gogoi, learned Standing Counsel appears for the Health Department. The petitioner was filed put to challenge the suspension order dated 19.06.2024 passed by the Secretary, Government of Assam, Handloom Textile & Sericulture Department where by the petitioner was serving as Superintendent, Handloom & Textile, Morigaon and was placed under deemed suspension, in view of the petitioner having been taken into custody by the Morigaon Police in connection with Morigaon P.S. Case No.160/24 under Section 354/354(A)/354(D) IPC. It is the submissions of the learned counsel for the petitioner that subsistence allowance was prayed for and the same has subsequently to be released. The learned counsel for the respondents are also filed their affidavit. The learned counsel for the petitioner does not wish to file any affidavit- in-reply. On the other hand it is submitted by the learned counsel for the petitioner on instructions that they would not like to proceed further in the matter. However, he prays for leave to file a comprehensive representation before the competent authority namely Secretary, Government of Assam, Handloom Textile & Sericulture Department and which may then be suitability directed to be disposed of the said authority. This prayer made by the petitioner is not objected to by the respondent counsel. In that view of the matter writ Page No.# 3/3 petition stands closed with liberty to the petitioner to file a comprehensive representation before respondent no.2 along with the certified copy of this order. This representation if filed within a period of 2 (two) weeks from the date of receipt of the certified copy of this order the same shall be disposed of by passing the speaking order within a further period of 30 days from the date of receipt of the representation along with the certified copy of the order. With the above observations writ petition stands closed. Interim orders if any stands vacated. Pending I.A.s are also dismissed. JUDGE Comparing Assistant